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(영문) 대전지방법원 2020.07.22 2020고단1759
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on February 19, 2019.

At around 04:40 on March 8, 2020, the Defendant driven D Lasta car under the influence of alcohol content of approximately 7-8 km from C’s C’s alley to C’s intersection in the vicinity of C & C bus terminal at Sejong-si, Sejong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Report prior to judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and report on results of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the drinking alcohol of this case; (b) the two-time same criminal records of the defendant; and (c) the fact that there are no criminal records other than the above records; and (d) the defendant’s age, character and conduct, and environment; and (b) the various sentencing conditions under Article 51 of the Criminal Act that are shown in the records

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